This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Hawaii Petition to Determine Distribution Rights of the Assets of a Decedent
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How to fill out Petition To Determine Distribution Rights Of The Assets Of A Decedent?
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FAQ
Rule 20 of the Hawaii Probate Rules allows the probate court to assign a contested matter to the civil trial calendar in circuit court, where formal discovery can begin.
126. Rule 126 - Trust Proceedings (a) Petition. A trustee or interested person shall commence any proceeding relating to a trust by filing a petition complying with Rule 3.
Probate in Hawaii is necessary when a person dies owning any real estate in his or her name alone, no matter how small the value of the real estate. Probate is also required when the total value of all ?personal property? owned in his or her name alone is worth more than $100,000.
The petitioner shall submit with the petition a copy of the death certificate for the beneficiary named in the will, who died before the deceased, or any other evidence, by affidavit or otherwise, to establish that the beneficiary is dead.
A party may obtain discovery of documents, electronically stored information, and tangible things otherwise discoverable under subdivision (b)(1) of this rule and prepared in anticipation of litigation or for trial by or for another party or by or for that other party's representative (including the other party's ...
If the client's consent cannot be obtained or if the attorney finds it necessary to withdraw because of a conflict of interest under Rule 42(b) or (c), an attorney may withdraw as counsel only upon filing a petition to withdraw, giving notice to the client, and receiving the approval of the court.
If any party objects to the form of a proposed order, that person shall within 5 days serve upon the prevailing party and deliver to the court a statement of that party's objections and the reasons for failing to approve, if any, the form of the party's proposed order. Thereafter, the court shall settle the order.